It is widely known that family members of an Italian (or EU) citizen, have a right of residence in Italy, like the souse and children. However, it is less known that other family members like siblings, adult children, grandparents and grandchildren, irrespective of their nationality, can be granted long-term residency in Italy.
The key is that Italian law forbids to remove from the country a family member within the second degree of an Italian citizen (Article 19 Section 2C of the Italian Aliens Act, Decreto legislativo of July 25th, 1998 no. 286). That is because the family is a very important unit of human society and enjoys ultimate protection by the Constitution of the Italian Republic.
Parents, grandparents, adult children, brothers and sisters are all included among the protected family members who cannot be returned to their country of origin or any other. These family members are eligible for a residence permit in Italy according to Article 28 of Implementing Regulation of 31 August 1999 no. 394.
NOTE: This regulation applies only to the non-EU family members of Italian citizen. It does not apply to the non-EU family members of persons holding the citizenship of other EU member states.
Advantages
A permit for family reasons is called “Permesso di soggiorno per motivi familiari”:
- it gives access to full health care coverage on a par with Italian citizens, work, study, and perform any other legal activity in Italy
- it has a 2-year duration
- it can be renewed an unlimited number of times
- in case the application is rejected, the family member can obtain justice through a less long and expensive process at the local Tribunal instead of the regular application process at the Administrative Court.
Disadvantages
It is a dependent residence permit. That means that it depends on the Italian citizen. In principle, a family member may lose the residence permit in case the Italian citizen in the family changes address moves to another country, or dies.
Moreover, cohabitation with the Italian citizen is required. Residency is granted as long as the family member lives at the same address as the Italian citizen. So if the Italian citizen moves to another address or wants the family member out of the house, the family member may lose not only the home but also their very residence permit. In practice, the Italian authorities will reject the request to renew the residence permit.
A family member with such a dependent residence permit may not qualify for a permanent residence permit. That is a residence permit that can be granted after a 5-year stay in Italy to non-Italian citizens who can provide for themselves (called “Permesso dell’Unione Europea per soggiornanti di lungo periodo“). It enables to access the work market and services of any other EU member state and settle down there. This residence permit is valid only in Italy. It does not give access to residence in other European states.
Residence with the Italian Citizen
Registering your official residence at the same address as your Italian family member (e.g. a sibling, a granddaughter) is actually necessary. But what does it mean, according to Italian law, to have the same address, in order to be granted a 5-year Residence Card, a FAMIT or a 2-year Residence Permit? Check here how to keep your freedom while fulfilling all the legal requirements and secure your residency in Italy: Smart and Free: Securing Your Italian Residency with Family
How to get an independent residence permit
Even in case of loss of a family residence permit (or rejection of its renewal), there are possibilities to obtain another residence permit. A sister or an adult child, for example, may end the cohabitation with the Italian citizen. In these situations, the law provides that the family member may obtain an independent residence permit if they prove that she has a job, a business or a scholarship (Article 30 section 5 of the Italian Aliens Act, Decreto legislativo of 25 July 1998 no. 286).
The application is to be submitted directly to the Immigration police office of the Italian citizen’s area of residence (not by the mail, no regular kits for residence permits application).
Which family members are entitled to this residence permit?
These are family members within the second degree, according to Italian law:
- Siblings
- Parents
- Grandparents
- Children of any age
- Grandchildren of any age
NOTE: Cousins, nieces/nephews, in-laws, de facto partners, foster children, and any other family member not listed above are not family members within the second degree, according to Italian law. So they are not included in the regulation that we are discussing in this blog post.
Visa
Italian law does not provide a right or the possibility to obtain a visa for long-term residence to family members of Italian citizens. Rather, it forbids their removal from Italy once they are in the country.
What does that mean, in practice? A sibling (or aunt/uncle) who is a national of a country whose citizens need a visa to enter the Italian/European territory may most probably be denied a visa for family members. The solution is to apply for a short-term visa, i.e. a visa for a short-term stay in Italy/Europe for max 90 dyas. These short-term visa are the same throughout Europe (the Schengen Area). So you may get one from the Consulate of any European state that is a member of the Schengen Agreement (e.g. Belgium, France, Germany, Holland, Sweden, Spain…). The visas issued by the Consulates of any of those countries give access to all member states, including Italy.
Long-term Residency
Once in Italy, the family member shall register their arrival to the Immigration police within 8 days (“Dichiarazione di presenza“) and then apply for a residence permit for family members. They will do so by showing the local immigration police (Questura) the original vital records proving the family link (e.g. a sister will show her original birth record showing that she has the same parents as the sister who is an Italian citizen). Another important requirement is to live at the same address as the Italian citizen.
Would you like to know more?
Download the Free “4-Step Strategy” to obtain a residence permit for family members, complete with the official forms: Invitation statement by the Italian citizen for the family member to show at the border (or to obtain an entry visa, where applicable): Dichiarazione di alloggio e garanzia
- “Dichiarazione di ospitalità ” to be submitted to the immigration police within 48 hours
- “Dichiarazione di presenza” to be submitted to the immigration police within 8 days
+ the list of documents required by the police for the application.
Download the Free “4-Step Strategy” HERE:
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Hello,
I would love permanent residency or citizenship. My grandparents are both from Italy. My Nonna, 94 (still living) become naturalized as a Canadian 4 years before my mother was born and therefore my mother doesn’t qualify for citizenship, nor do I. All my nonna’s cousins are in Italy. Of course we are in contact with our family there and visit them. But the relationship from them to me is very distant as they are my nonna’s cousins, making them my third cousins I believe?
Is there any hope for me?
Your grandmother’s cousins are a too distant relation to obtaining residence in Italy.
Currently, the only possibility for you to obtain citizenship is to establish residence in Italy for three years, according to Article 9, Section 1a of the Italian Nationality Act. There have been law proposals to help second-generation descendants of naturalized Italian emigrants overseas, but they have not been discussed in the Parliament as yet. There seems to be always another priority, unfortunately.
Good day and I bring you glad tidings. Anyway, my question is that, I have 2 year Permesso di siggiorno which was granted to me under my sister who is an Italian citizen; but I’m married to an E U spouse now. We want to travel to Ireland together, can we do so without me applying for a visa ? Can I use my Italian permit for 2 years which was granted to me( dependent) under my sister to do so before or travel along with my spouse? You answer will be highly appreciated.
Yes: a 2 years residence permit for family reasons enables you to circulate freely within the EU (including Ireland) for 90 days, provided that your permit has a remaining validity for a longer period than 90 days.
You may consider applying for a 5-year residence card, now that you are a spouse to an EU citizen.
My sister is an Italian Citizen and I am a United States Citizen. I would like to pursue the ability to join her and my parents (whom she sponsored) in Italy. I would also like to pursue career opportunities there to support myself and my family while there.
It is important that you put together the official birth and marriage record that prove your family tie to your sister, so that you can apply for a family residence in Italy. You may ask for a private consultation, should you need help.
My 86 year old mother in law is an Italian citizen living alone in Italy. She is a widow. All her (adult) children live in UK and are not Italian citizens due to 1992 law. We are now concerned that Brexit may obstruct our ability to travel to/reside in Italy if needed to care for her. What is best remedy?
If her children were born Italian citizens and lost the citizenship later in life (e.g.by naturalization in the UK), the best option would be to contact the Italian Consulate, make a formal statement with the intention to move to Italy within one year and later move to Italy (even if temporarily) to register their citizenship (Article 13 of the Italian Nationality Act). If your circumstances are different, we may discuss that on a private consultation and you are welcome to contact me.
HI. The above states “..These are family members within the second degree, according to Italian law:
> Siblings
> Aunt/uncle
> parents
> grandparents
> children (any age)
> grandchildren (any age)
”
however, in the comments below it was stated that”Uncles are 3rd degree?”
I’m confused. If I’m in Italy, can the fact that my niece is Italian allow me to apply?
Thanks
Thanks for waiting for our late reply during this very busy time in our office and for pointing out this mistake in the article. We have now corrected it. In fact, aunts and uncles are relatives of the third degree, according to Italian law. This is how it works: you count 1 degree for each person between you and the concerned relative in the family tree, up to the common parent and down to your relative, excepting the first one, e.g. you (0), your parent (+1), her parent (+1) and finally the child/your mother’s sibling/your aunt or uncle (+1) = 3. I hope thins clarifies the matter.
Hi lara i am filipino citizen, my mother in law is already an italian citizen if I am not wrong her italian citizenship acquired 2016. Her son was in italy also for more than 7 yrs and he was already married he is 38 yrs.old. My question is .. it is possible for his son to apply a residence permit without signature of her mother??? Because they are not in good term I mean a family trouble.
Nope. In order to obtain any residence papers as a family member of an Italian citizen, it is necessary to have the active cooperation of the citizen, in this case, your mother in law. Besides, you may consider that the law requires the family member to take residence at the same address.